‘Tick the box and move on’: compartmentalization and the treatment of the environment in decision‐making processes
| Published date | 01 September 2021 |
| Author | CAER SMYTH |
| Date | 01 September 2021 |
| DOI | http://doi.org/10.1111/jols.12309 |
DOI: ./j ols.
ARTICLE
‘Tick the box and move on’:
compartmentalization and the treatment
of the environment in decision-making
processes
CAER SMYTH
School of Law and Politics, Cardiff
University, Law Building, Museum
Avenue, Cardiff, CF AX, Wales
Correspondingauthor
CaerSmyth, School of Law and Politics,
CardiffUniversity, Law Building, Museum
Avenue,Cardiff, CF AX, Wales
Email:smythc@cardiff.ac.uk
Abstract
Legal decision-making processes are contending with
increasingly urgent and complex environmental issues.
While the importance of treating these issues holistically
has long been recognized in environmental law, obsta-
cles seem to exist that block decision makers in the plan-
ning system from taking integrated approaches to envi-
ronmental issues. This article approaches this problem
from a grounded perspective. It drawson original empir-
ical research findings from a socio-legal ethnographic
research project conducted at a public local inquiry in
South Wales (the inquiry into the M Corridor around
Newport scheme). The article suggests that embedded
assumptions in legal decision-making processes might
partly account for this often limited response. It proposes
that such processes tend to ‘compartmentalize’ and that
this tendency has an adverse impact on the treatment of
the environment, holding back efforts within environ-
mental law that seek to embed more holistic approaches
to environmental decision making.
This is an open access article under the terms of the Creative Commons AttributionLicense, which permits use, distribution and reproduc-
tion in any medium, provided the original work is properly cited.
© The Author.Journal of Law and Society published by John Wiley & Sons Ltd on behalf of Cardiff University (CU).
410 wileyonlinelibrary.com/journal/jols J.Law Soc. ;:–.
411
1 INTRODUCTION
The profile of the environment in popular consciousness, in particular awareness of the scale
of environmental challenges and human dependency on the environment, has risen in recent
times. Foundational texts in environmental thought explore the interconnected nature of the
environment and advocate for the holistic treatment of environmental issues.This is reflected
in environmental and sustainable development legislation that recognizes the inter-related
nature of environmental issues and human interdependence with the environment.Despite
this, however, roadblocks seem to exist that stop holistic approaches being effectively translated
into practice in the planning system. This article suggests that embedded assumptions in legal
decision-making processes might partly account for this often limited response. It proposes that
such processes tend to ‘compartmentalize’ and that this tendency has an adverse impact on the
treatment of the environment, holding back efforts within planning and environmental law that
seek to embed more holistic approaches to environmentaldecision making. These questions grow
increasingly relevant as decision-making processes at multiple levels of governance encounter
more complex environmental issues. If taken-for-granted assumptions operating within these
processes negatively affect the treatment of the environment,it is essential that these assumptions
are identified and understood.
This article develops the concept of compartmentalization through an original empirical ethno-
graphic study conducted at a public local inquiryinto the M Corridor around Newport scheme
(MCAN inquiry) in South Wales between and . This consisted of participant observa-
tion (taking fieldnotes at sessions over the course of the inquiry and attending one site visit)
and conducting semi-structured interviews with inquiry participants and planning stakeholders
in Wales ( interviews in total). The MCAN inquiry wasestablished to consider the Welsh Gov-
ernment’s proposed scheme toaddress traffic congestion on the M motorway near Newport. This
was a major infrastructure project, the proposed route of which went through the Gwent Levels,
including four Sites of Special Scientific Interest (SSSIs).The Gwent Levels are , hectares of
marshland habitat, consisting of a complex drainage system of reens, locks, and grips.In total,
, metres of the reens and , metresof the f ield ditches that criss-cross the areawould have
been lost to the scheme.These are home to a range of rare invertebratesand aquatic species that
are reliant on this rich, interconnected system; manyof these rare species are particularly sensitive
B. Commoner, TheClosing Circle (); A. Leopold, A Sand County Almanac and Sketches Here and There ().
See for example the Wellbeingof Future Generations (Wales) Act ; Council Directive //EC on the Assessment
of the Effects of Certain Plans and Programmes on the Environment [] OJ L /; Council Directive//EC on
the Assessment of the Effects of Certain Public and Private Projects on the Environment []OJ L /, art. ()(f ).
Public local inquiries are a common feature of UK planning law.They are appropriate for complex proposals where there
is likely to be substantial third-party representation. See V.Moore, A Practical Approach to Planning Law (, th edn)
.
A Site of Special Scientific Interest is a conservation designation in UK environmental legislation.
‘Traditionally, fields [on the Gwent Levels] are drained by a system of ridge and furrow or “grips” (shallow trenches)
into the extensive system of interconnected ditches that surrounded each field. The larger of these are known as reens.’
Countryside Council for Wales, Gwent Levels: Whitson Site of Special Scientific Interest: Your Special Site and Its Future
() , at <https://naturalresources.wales/media//SSSI__SMS_EN.pdf>.
J. Poole, Proof of Evidence on the Gwent Levels Sites of Special Scientific Interest of Jessica Poole on Behalf of the Natural
Resources Body for Wales ().
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting